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February 7, 2018 by DVLaw

ABEYANCE

In the law of estates. In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested.

In such cases the freehold has been said to be in nubibus (in the clouds), McKown v. McKown, 93 W.Va. 689, 117 S.E. 557, 559; in pendenti (in suspension) ; and in gremio legis (in the bosom of the law). Where there is a tenantof the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance; Lyle v. Richards, 9 S.& R. Pa. 367; 3 Plowd. 29 a, b, 35 a; 1 Washb.R.P. 47.

Franchise of a corporation; Trustees of Dartmouth College v. Woodward, 4 Wheat. (U. S.) 691, 4 L.Ed. 629.Personal property as in case of a vessel
captured at sea from its captors until it becomes invested with the character of a prize; 1 Kent, 102; 1 C.Rob.Adm. 139; 3 id. 97, n.; or the rights of property of a bankrupt, pending adjudication; Bank v. Sherman, 101 U.S. 403, 25 L.Ed. 866.

A condition of being undetermined. Fenn v. American Rattan & Reed Mfg. Co., 75 Ind. App. 146, 130 N.E. 129, 130. (Seller stating its inability to promise to deliver.)

Sales to third parties, of property acquired by county at tax sale, being held in “abeyance”, means that certain rights or conditions are in expectancy. Willard v. Ward County, 72 N.D. 291, 6 N.W.2d 566, 568

February 7, 2018 by DVLaw

ABETTOR

In criminal law. An instigator, or setter on; one who promotes or procures a crime to be committed. Old Nat.Brev. 21. One who commands, advises, instigates, or encourages another to commit a crime; a person who, being present or in the neighborhood, incites another to commit a crime, and thus becomes a principal. See State v. Baldwin, 193 N.C. 566, 137 S.E. 590, 591.

Must have rendered assistance or encouragement to the perpetrator of the crime with knowledge of his felonious intent; offense of “aiding and abetting” being committed by person present who does some act or speaks some word aiding the actual perpetrator of the crime. Combs v. Commonwealth, 224 Ky. 653, 6 S.W.2d 1082, 1083. Must aid or commit some overt act or act of encouragement. Long v. Commonwealth, 288 Ky. 83, 155 S.W.2d 246, 247. One who so far participates in the commission of the offense as to be present for the purpose of assisting if necessary. State v. Epps, 213 N.C. 709, 197 S.E. 580, 583.

The distinction between abettors and accessories is the presence or absence at the commission of the crime. Cowell; Fleta, lib. 1, c. 34. Presence and participation are necessary to constitute a person an abettor. 4 Sharsw.Bla. Comm. 33; Bradley v. Commonwealth, 201 Ky. 413, 257 S. W. 11, 13. Common design to take life not necessary. State v. Lord, 42 N.M. 638, 84 P.2d 80, 86. Not essential that there should be a prearrangement or mutual understanding or concert of action. McKinney v. • Commonwealth, 284 Ky. 16, 143 S.W.2d 745, 747, 748.

February 7, 2018 by DVLaw

ABETTATOR

L. Lat. In old English law. An abettor. Fleta, lib. 2, c. 65, § 7. See Abettor

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